COMPLAINANTS:
Anshel Bomberger and Kennedy Smith-Fliesher, Homeowners, Co-Complainants
Regarding Residental Single-Family Home Address: 15437 East 7th Circle, Aurora, CO 80011
RESPONDENTS:
HIGHLINE COURT HOMEOWNERS ASSOCIATION, INC
c/o Western States Property Services, Inc.,
Ina Meyer, Property Manager: ina@wsps.net
Sue Johnston, President, Highline Court HOA Board of Directors
9145 East Kenyon Avenue, Suite 100, Denver, Colorado 80237
Office: 303-745-2220 Fax: 303-745-3335 http://www.wsps.net
DATE: 04-27-2012
This correspondence is to serve as notice of complaint against the Highline Court HOA, Inc., Board of Directors, ("HOA"), through and in care of the property management agent, Western States Property Services, Inc., (“WSPS”), pursuant to CRS SECTION 1. 37-60-126 (11), Colorado Revised Statutes, which was amended to read: "37-60-126.
Specifically, (11)(a); along with the Fair Housing Act and Civil Rights Act of 1968; based on alleged harassment and alleged discriminatory practices by the Highline Court HOA, Inc., (“HOA”). and property management agent, WSPS, under any and all State and Federal laws in the proper jurisdiction of this matter.
1. Complainant is a disabled veteran (disability status is protected by law and will not be disclosed). Complainant is a "Female to Male" transsexual (“transgender man”) living full time as a male and was formerly known publicly and privately in the Denver metropolitan community as a lesbian. Complainant’s son, is also a homosexual and is co-complainant in this matter as his homosexual status includes him in a protected class for Civil Rights Act laws, Fair Housing Act laws and Anti-Discrimination laws.
2. This issue will not be resolved when the Board of Directors abuse their powers to act on behalf of HOA and each and every homeowner affected by abuse of powers. Especially when such abuse in powers are outrageous and capricious in nature and are alleged harassment and discriminatory for all the above and below stated reasons within this notice of complaint.
3. The Board HOA, through the management company, WSPS, imposed an alleged violation notice, dated 04-24-2012, giving 20-days to remedy the said alleged violation or they would further file a violation lien proceeding on our property. Liens can and do lead to foreclosure of properties, getting people out of the community when they are not wanted.
4. The property in this action is located at: 15437 East 7th Circle, Aurora, CO 80011. The co-owners of said property are: Anshel Bomberger and Kennedy Smith-Fliesher, et al, homeowners.
5. During the date of this issue in this matter, the State of Colorado has undergone a State-1 drought and water restrictions have been imposed by local authorities.
6. On or around April 16, 2012, Complainant put fertilizer on their lawn and the lawn died in spots, noting that not the entire lawn died. The Complainant made a good-faith effort to abide my HOA covenants and resurfaced the soil, by putting grass-seed, appropriate mulch on the affected areas, and hand watered in accordance to the local authorities water conservation recommendation.
7. An alleged violation notice was served on Complainant by the HOA Board, and through the HOA's agent, Property Manager, Ina Meyers, of the Western States Property Services, Inc., via U.S. Mail, dated: 04-24-2012 and is on record with the WSPS office.
8. This NOTICE is to serve as Complainant's intent to wave a request for a hearing with the HOA Board of Directors (per the letter dated 04-24-2012) with the Highline Court HOA, Inc., and WSPS.
9. Further this NOTICE is to serve as Complainant's LEGAL NOTICE of our intent to sue for harassment, discrimination, and abuse of powers and fiduciary authority as it pertains to each Board member of the Highline Court HOA, its officers, designees, management firm handling such notices, its officers, and any other third party that arises or results from filing this complaint in the proper State and Federal agency, as well as any court of law, within proper jurisdictions of the HOA and WSPS, naming each as Respondents/Defendants in this legal matter.
10. The conduct of the Highline Court HOA, Inc., the HOA Board, to include the Property Manager, employed with WSPS, handing such alleged violations and notices, is OUTRAGEOUS, CAPRICIOUS, and a clear violation of the laws in place pursuant to SECTION 1. 37-60-126 (11), Colorado Revised Statutes, which was amended to read:
"37-60-126. Water conservation and drought mitigation planning - programs - relationship to state assistance for water facilities - guidelines. (11) (a) Any new SECTION OF A restrictive covenant that prohibits or limits XERISCAPE, PROHIBITS OR LIMITS the installation or use of drought-tolerant vegetative landscapes, is prohibited OR REQUIRES CULTIVATED VEGETATION TO CONSIST EXCLUSIVELY OR PRIMARILY OF TURF GRASS IS HEREBY DECLARED CONTRARY TO PUBLIC POLICY AND, ON THAT BASIS, THAT SECTION OF THE COVENANT SHALL BE UNENFORCEABLE. (c) NOTHING IN THIS SUBSECTION (11) SHALL PRECLUDE THE EXECUTIVE BOARD OF A COMMON INTEREST COMMUNITY FROM TAKING ENFORCEMENT ACTION AGAINST A UNIT OWNER WHO ALLOWS HIS OR HER EXISTING LANDSCAPING TO DIE; EXCEPT THAT: (I) SUCH ENFORCEMENT ACTION SHALL BE SUSPENDED DURING A PERIOD OF WATER USE RESTRICTIONS DECLARED BY THE JURISDICTION IN WHICH THE COMMON INTEREST COMMUNITY IS LOCATED, IN WHICH CASE THE UNIT OWNER SHALL COMPLY WITH ANY WATERING RESTRICTIONS IMPOSED BY THE WATER PROVIDER FOR THE COMMON INTEREST COMMUNITY; (II) ENFORCEMENT SHALL BE CONSISTENT WITHIN THE COMMUNITY AND NOT ARBITRARY OR CAPRICIOUS; AND (III) ONCE THE DROUGHT EMERGENCY IS LIFTED, THE UNIT OWNER SHALL BE ALLOWED A REASONABLE AND PRACTICAL OPPORTUNITY, AS DEFINED BY THE ASSOCIATION'S EXECUTIVE BOARD, WITH CONSIDERATION OF APPLICABLE LOCAL GROWING SEASONS OR PRACTICAL LIMITATIONS, TO RESEED AND REVIVE TURF GRASS BEFORE BEING REQUIRED TO REPLACE IT WITH NEW SOD."
11. Further, the Department of Regulatory Agencies, Colorado Civil Rights Division, has laws into place that protect gay, lesbian, and transgender persons that reside in the State of Colorado. “Sexual Orientation” means heterosexuality (“straight”), homosexuality (lesbian or gay), bisexuality (“bi”), transgender status, or the perception thereof. “Transgender Status” means having a gender identity or gender expression that differs, or does not differ, from societal expectations based on gender assigned at birth. “Gender Identity” means an innate sense of one’s own gender. “Gender Expression” means external appearance, characteristics or behaviors typically associated with a specific gender. Effective May 29, 2008, the Colorado Anti-Discrimination Act was expanded to include sexual orientation, inclusive of transgender status, to the list of protected classes for public accommodations. Effective May 29, 2008, the Colorado Anti-Discrimination Act was expanded to include sexual orientation, inclusive of transgender status, to the list of protected classes for public accommodations. Title 24, Article 34, Part 6, Colorado Revised Statutes, protects my son and I from discrimination in public accommodation which the HOA may fall.
12. It is outrageous, capricious, discrimination, and harassment in nature to send a notice of alleged violation dated 04-24-2012, when there is a period of water restriction declared by the City of Aurora beginning May 1, 2012 and extending as late as Oct 1, 2012. The homeowner is required to comply with the water restrictions imposed by the water provider, which has powers above and beyond any alleged lot violation (imposed by and through HOA) for not being able to water and bring the lot back to life in the areas where the lawn has been affected.
13. The HOA Board and management company, is not allowing a reasonable and practical opportunity, with consideration of applicable local growing season, practical limitations to reseed, which the homeowner in this case has done before the date of the said notice by the Highline Court HOA, and management company (dated 04-24-2012).
14. This NOTICE does not preclude the opportunity for any other homeowners affected by abuse of powers by and through the HOA and WSPS, to file as co-complainant/plaintiffs, thus exercising our rights to also file a Class Action Complaint against each HOA Board member, agent, designee, and any and all other third parties involved with this action; resulting out of their outrageous, capricious, harassment, and discrimination throughout the years this HOA has been incorporated and violating our Constitutional Rights.
15. As a matter of law, the HOA, HOA Board, and through their Property Management agents, are dismissing the laws that protect any homeowner when a watering issue is at issue for a alleged "Dry Lawn and Weeds" violation.
16. There is no other reason for this homeowner to have to endure such alleged violation notices. The HOA, HOA Board, and WSPS, is misinterpreting the laws and abuses powers in favor of the HOA and not the homeowner.
17. The complainants allege than this homeowner and son belong to certain classes that bring up the matter of being harassment and discrimination based on our disability, gender status, sexual orientation, and religion; which violates Federal Statutes under the Fair Housing Act; as the homeowner is a Jewish, transgender, disabled veteran.
18. On several occasions, Sue Johnston, President of the HOA Board made disparaging remarks about Complainants transgender status, stating, "I can see why Kathy left you, if my husband did what you are doing, I'd leave him too and we have been married for over thirty years." This comment left Complainant to believe there is an attitude of bias and discrimination on the part of this so-called “neighbor” that is the President of the HOA Board, against those that are of a protected class.
19. The Civil Rights Act of 1968, commonly called the Fair Housing Act, which outlawed discrimination in the sale, rental, financing and advertising of housing (to include HOA abuses in CID's) base on the violation of such laws due to race, color, religion, sex (1974), national origin, disability (1988) or family configuration (1988). These are examples of discriminatory impact when harassing, threatening, intimidating, and coercing homeowners to comply with alleged violations when the homeowner is abiding by water restrictions above and beyond the HOA covenants. The water restrictions imposed by the city have more powers than the HOA in these matters. Harassment includes actions that are suspicious and discriminatory in nature, regardless of the intent of the HOA Board member, HOA, and management company action on behalf of HOA Board and HOA. Harassment is based on how the homeowner interprets it, not the perpetrator. As a HOA Board, HOA, and management company handling such issues, the HOA Board, HOA, and management company has the role of setting a climate of civility and respect in our community, not harassment or discrimination. Fair housing laws generally require agents handling sensitive issues to be consistent in all of the HOA policies, procedures, and rules, and certainly not violate any State and Federal laws in the process.
20. This homeowner (Complainants’), as well as other homeowners of this Highline Court HOA are not taking these matters lightly. Other homeowners have reported that the HOA Board is out of control and abusing their powers based on certain neighbor's and HOA members national origin, as a matter to force homeowners out that are not White, Heterosexual, Christian, and American Born. It is our intent to make abuses in power, harassment, and discrimination in this HOA and its Board Members accountable for such illegal practices, which may be construed as criminal in nature in accordance with State and Federal laws.
21. We reserve the right in the future to file a Class Action should the need arise.
22. In closing, when I swore into the Armed Forces of the United States of America, the greatest country on this planet, I stated the following:
"I, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
(Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962)."
23. Nowhere in this oath did I swear to bear true faith and allegiance to an HOA at any time in my lifetime. Signing the closing documents of the said property does not give the HOA a right to violate any of my rights as a citizen of this great nation. I was willing to give my life to protect our nation. I will not allow myself to put up with any HOA's abuses (to include psychological forms of coercion) of my Constitutional Rights for one moment longer. I refuse to live in a community where I am forced to put up with this sort of abuse of power and a violation of my Constitutional rights that I was willing to give up my life for.
24. President of the HOA Board, Sue Johnston's words (as reflected in paragraph 18 above) is biased, discriminatory in nature, and shows that she is not looking out for all of the members of the HOA, let alone “neighborly.” She has a hidden agenda. She and the HOA Board, to include the Property Manager of WSPS, is not any homeowners master and no homeowner is their slave. As a Jewish transgender human being, I have a right to liberties, just as other Americans are afforded rights. It is not up to the HOA Board, it’s fiduciaries, and WSPS to force people out of neighborhood based on misinterpretation of State and Federal laws. The HOA laws do not abolish any and all other State and Federal laws. Being ignorant of the laws is no excuse. Psychologically coercing people to do things their way or else is illegal and criminal in nature.
25. Homeowners' associations (HOAs) are legal entities created to maintain common areas in various types of real estate developments, such as condominiums and subdivisions. Depending on the type of development, membership in the HOA usually is automatic upon becoming a property owner in the development. HOAs have the authority to enforce the restrictions found in the homeowners' property deeds. An HOA gets its power and authority from a variety of legal documents, including the HOA's governing documents and federal and state laws. The HOA governing documents consist of the declaration of covenants, conditions and restrictions (CC&Rs), the articles of incorporation, the bylaws, and the rules and regulations adopted by the HOA's board.
26. Homeowners' associations often reserve the right to approve or reject new residents, whether expressed in writing, orally, or implied through verbal remarks to the contrary affecting a homeowner that is a member of the HOA and a member of a protected class. Such approval or rejection can't be based on race, color, religion, sex, handicap, familial status or national origin because this would violate the Fair Housing Act and other State and Federal laws as applicable in this matter.
27. Constitutional Laws Violated:
a. Seventh Amendment – Civil trial by jury. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. Thus, HOA "Laws" do not abolish Constitutional Laws.
b. Ninth Amendment – Protection of rights not specifically enumerated in the Constitution. This amendment declares that the listing of individual rights in the Constitution and Bill of Rights is not meant to be comprehensive; and that the other rights not specifically mentioned are retained by the people. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Thus, HOA "Laws" do not abolish Constitutional Laws.
c. Tenth Amendment – Powers of States and people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. This amendment reserves to the states respectively, or to the people, any powers the Constitution did not delegate to the United States, nor prohibit the states or people from exercising. Thus, HOA "Laws" do not abolish Constitutional Laws.
d. The Four Freedoms were goals articulated by US President Franklin D. Roosevelt on January 6, 1941. In an address known as the Four Freedoms speech (technically the 1941 State of the Union address), he proposed four fundamental freedoms that people "everywhere in the world" ought to enjoy:
1.Freedom of speech and expression
2.Freedom of worship
3.Freedom from want
4.Freedom from fear
e. Living within an HOA does not afford homeowners the freedom of expression, freedom of worship, freedom from want, and freedom from fear. We all fear HOA liens on our property and the cost of losing money involved defending the right to not have a lien placed on our title of our properties when the HOA Board abuses powers by threatening to place lien; when they decide a violation has occurred, they indeed place liens on properties, taking away our liberties to own our properties outright. We are not afforded a fair trial. Thus, the homeowners do not own the land, the HOA owns the homeowner. It is a master-slave relationship.
f. Thirteenth Amendment to the United States Constitution, which abolished slavery. The Thirteenth Amendment to the United States Constitution officially outlaws slavery and involuntary servitude, except as punishment for a crime. HOA homeowners should not be subjected to a "Master-Slave" relationship by the HOA Board and WSPS acting as the "master" in this regard. Psychological coercion had been the primary means of forcing involuntary servitude in United States v. Ingalls, 73 F. Supp. 76, 77 (S.D. Cal. 1947). However, in United States v. Kozminski, 487 U.S. 931 (1988), the Supreme Court ruled that the Thirteenth Amendment did not prohibit compulsion of servitude through psychological coercion. Kozminski limited involuntary servitude to those situations when the master subjects the servant to: 1. threatened or actual force, 2.threatened or actual state-imposed legal coercion.
g. The Trafficking Victims Protection Act of 2000, P.L. 106-386, updated the federal anti-slavery statutes to include victims who are enslaved through psychological coercion, even if there was no physical coercion. The HOA Board abuses their powers through psychological coercion, through the threatening of liens as their remedy for homeowners not complying exactly as the HOA Board believes they can require through their abuse in powers. The HOA Board and WSPS abuses their powers through implied psychological coercion of: "Do what we say or we will eventually take your property from you. " That is a clear type of psychological coercion. Thus, violating the provision of master-slavery psychological provisions as provided under the Trafficking Victims Protection Act of 2000, which pertains to anti-slavery.
28. As of the date of this NOTICE, I will be placing my property located at: 15437 East 7th Circle, Aurora, CO 80011, for sale. Please address all future correspondences to my following permanent residential address:
Anshel Bomberger and Kennedy Smith-Fliesher
P.O. Box 1126
Georgetown, CO 80444-1126;
AnshelSBomberger@gmail.com
Respectfully Submitted,
Anshel Bomberger
Complainant
cc:
United States Department of Housing and Urban Development (HUD)
Office of General Counsel, Headquarters Managers OGC
Helen R. Kanovsky, Esq., GC
451 7th Street S.W., Room 10110,
Washington, DC 20410
United States Department of State
Under Secretary for Civilian Security, Democracy, and Human Rights
Office to Monitor and Combat Trafficking in Persons
Hillary Rodham Clinton
Secretary of State
2201 C Street NW,
Washington, DC 20520
Colorado Department of Regulatory Agencies (DORA)
Division of Civil Rights
Steven Chavez, Division Director
1560 Broadway, Suite 1050,
Denver, CO 80202-5143
Anti-Defamation League (ADL)
1120 Lincoln St Ste 1301,
Denver, CO 80203
